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Home My WebLink AboutRES 11-143 RESOLUTION NO. 11-143 WHEREAS, Beaumont Westmont, LLC has offered to convey a five foot (6) wide water meter easement to the City of Beaumont, said easement being a 0.0006 acre tract out of Lot 6, Block C of the T.H. Langham Subdivision, located at 6456 Phelan Boulevard, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B" attached hereto; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the water meter easement conveyed by Beaumont Westmont, LLC, as described in Exhibit"A" and shown on Exhibit"B," be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of May, 2011. t M yor Becky Ames - %Ir ,� STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER METER EASEMENT THAT,BEAUMONT WESTMONT, LLC, of the County of Jefferson, State of Texas hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND N01100 DOLLAR($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, "Texas,hereinafter called "GRANTEE",the receipt and sufficiency of which consideration is hereby acknowledged,has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704,Jefferson County,Texas, its successors and assigns, a Water Meter Easement and the exclusive right to construct, alter, and maintain said water meters and appurtenances on the hereinafter described lands which said easement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibits "A", attached and made a part hereof for all purposes. The easement herein granted shall be used for the purpose of placing, constructing, operating,repairing,rebuilding,replacing, relocating, and/or removing water meters and appurtenances, and the following rights are also hereby conveyed: It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the tracts of land hereinbefore described and use of the same for the purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate the same as permitted by law. EXHIBIT "A" GRANTOR agrees not to place any structures or appurtenances within the Easement Property. Grantee shall not be responsible for the repair and replacement of any paving or other structures within the Easement Property. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of ) 2011. GRANTOR: BEAUMONT WESTMONT, LLC By: Printed Name: Title: ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME,the undersigned authority, on this day personally appeared of BEAUMONT WESTMONT, LLC,known to me to be the person and officer whose naive is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this day of ,2011. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P. O. Box 3827 Beaumont,TX 77704 Fittz&Shipman INC. Consulting Engineers and Land Surveyors A,N JUM&I 9 11 Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987) EXHIBIT A,PAGE I OF 3 Terry G.Shipman,Chairman of Board NNO FIELD NOTE DESCRIPTION Billy J.Smith,Jr.,President Donald R.Ong,P.E. OF A Michelle Falgout,P.E. 0.0006 ACRE TRACT Walter J.Ksiazek,R.P.L.S. FOR A 5' WIDE EXCLUSIVE WATER METER EASEMENT OUT OF LOT 6,BLOCK"C" OF THE T. H. LANGHAM SUBDIVISION JEFFERSON COUNTY,TEXAS APRIL 20,2011 That certain 0.0006 acre tract for a 5"wide exclusive water meter easement out of Lot 6, Block "C" of the T. H. Langham Subdivision, Jefferson County, Texas and being out of a called 8.902 acre tract (Tract 1) conveyed to Beaumont Westmont, LLC as recorded in Clerks File No. 2009024827 of the Official Public Records of Jefferson County, Texas, said 0.0006 acres being more particularly described by metes and bounds as follows: NOTE: The Basis of Bearings is the east line of a called 1.334 acre tract conveyed to Asa Holdings, LP as recorded in Clerks File N. 2004036163 of the Official Public Records of Jefferson County, Texas and a portion of the west line of the said 8.902 acre tract having been called North 00 010'30" East 188.50 feet. COMMENCING at a concrete monument found in the northerly right-of-way line of Phelan Boulevard and the west line of the said 8.902 acre tract for the southeast corner of the said 1.334 acre tract; THENCE North 00"10'30" East along the east line of the said 1.334 acre tract and the said west line of the 8.902 acre tract a distance of 141.55 feet to a point from which a PK nail found for the northeast corner of the said 1.334 acre tract and an interior corner of the said 8.902 acre tract bears North 00°10'30" East 46.96 feet (called North 00°10'30" East); THENCE North 89 056'53" East a distance of 9.61 feet to a point for the northwest corner of a building; THENCE North 89°56'53" East along the north line of said building a distance of 30.90 feet to a point for the southwest corner of the said 0.0006 acre tract and the POINT OF BEGINNING; THENCE North 00 003'07" West along the west line of the said 0.0006 acre tract a distance of 5.00 feet to a point for the northwest corner of the said 0.0006 acre tract; FITTZ&SHIPMAN,INC. Pagel of2 Project No. 11003.0029A Plat&Description '1405 Cornerstone Court- Beaumont,Texas 77706 - (409)832-7238 •fax(409) 832-7303 Tx Board of Prof Engineers Firm No. 1160 a Tx Board of Prof land Surveyors f=irm No. 100186 EXHIBIT A, PAGE 2 OF 3 THENCE North 89 056'53" East along the north line of the said 0.0006 acre tract a distance of 5.00 feet to a point for the northeast corner of the said 0.0006 acre tract; THENCE South 00 003'07" East along the east line of the said 0.0006 acre tract a distance of 5.00 feet to a point for the northeast comer of said building and the southeast corner of the said 0.0006 acre tract; THENCE South 89 056'53"West along the said north line of the building and the south line of the said 0.0006 acre tract a distance of 5.00 feet to the POINT OF BEGINNING and containing 0.0006 acres of land, more or less. This Field Note Description is based on a survey performed by Fittz &Shipman, Inc. on March 31, 2011. OF 01STE4, 'P Walter J. Ksrazek d Registered Professional Land Surveyor No.5321 QWALTER J. KSIAZF K tF�v� FITTZ&SHIPMAN,INC. Page 2 of 2 Project No. 11003.0029A Plat&Description EXHIBIT W. PAGE 3 OF 3 FOUND PK!JAIL NOW OR FORMERLY BEAUMONT WESTMONT, LLC CLERKS FILE NO. 2009024027, O.P.R.J.C. (REMAINDER OF CALLED 8,902 ACRES-TRACT 1) 10 ��Op) V' 0.0006 ACRE 5' WIDE EXCLUSIVE WATER METER WATER EASEMENT VALVE L4 M 2 `J J If e�0 Lfi POINT OF BEGINNING NOW OR FORMERLY 0.0006 ACRE ASA HOLDINGS, LP 5' WIDE CLERKS FILE NO. 2 004 03616 3. O.P.R.J.C. EXCLUSIVE (CALLED 1.334 ACRES) WATER METER EASEMENT 'K SUBWAY YOGURT SHOP a Ti co z w� rn o■ g M In Z T z a NUMBER DIRECTION DISTANCE L1 N 89'56'53" E 9,61 0 10 0 L2 N 89'56 53" E 30.90 L3 N 00'03 07 W 300 L L4 N 89'56'53" E 5,00 L5 S 00'03'07" E 5,00 L6 S 89'56'53 W 5.00 COMMENCING POINT 0.0006 ACRE 5' WIDE EXCLUSIVE Q� WATER METER EASEMENT FOUNT $O CONCRETE MONUMENT OF SURVEYOR'S CERTIFICATION, ��' IsTcw I DO HEREDY CERTIFY,TO THE BEST OF MY KNOWLEDGE AND BELIEF, -W-0 e ! THAT THIS IS AN ACCURATE PLAT OF A SURVEY&DESCRIPTION MADE ! ON THE GROUND UNDER MY SUPERVISION ON MARCH 31, 2011. WAITER J. K8IAZFK URI ••• t�WALTER J.KSIAZEK • REGISTERED PROFESSIO LAND SURVE NO. 5321 `��•${1f1YQ`O 0:\PROJECTS\11003\17003-029\11003NE029.dwg Apr 20, 2011 D1:10pm Fittz&Shipman 5' "" EXCLUSIVE WATER METER EASEMENT SHEET NO. (NC, PROJECT )UM: BEAUMONT WESTMONT LLC 3 1405 CORNERSTONE COURT,BEAUMONT, TEXAS 6456 PHEL.AN BOULEVARD EXHIBIT "BI' (409)832-7236 FAX(409)832-7303 BEAUMONT, TEXAS PROJECT NO. DATE:4-20-11 11003.0029 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIINIIIIIilllllllll �GS 2011014679 STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER METER EASEMENT THAT, BEAUMONT WESTMONT, LLC, of the County of Jefferson, State of Texas hereinafter called "GRANTOR",whether one or more, for and in consideration of the sum of ONE AND NO/100 DOLLAR($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT,P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a Water Meter Easement and the exclusive right to construct, alter, and maintain said water meters and appurtenances on the hereinafter described lands which said easement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibits "A", attached and made a part hereof for all purposes. The easement herein granted shall be used for the purpose of placing, constructing, operating, repairing,rebuilding, replacing,relocating, and/or removing water meters and appurtenances, and the following rights are also hereby conveyed: It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the tracts of land hereinbefore described and use of the same for the purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate the same as permitted by law. GRANTOR agrees not to place any structures or appurtenances within the Easement Property. Grantee shall not be responsible for the repair and replacement of any paving or other structures within the Easement Property. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this 2& IV day of , 2011. GRANTOR: BEAUMONT WESTMONT, LLC By: 2'� Printed Name: IVIAz c f4A9a? Title: b)jeec-r,,.t pF OPCR�t' �✓Jq✓gr,�cMC�T' ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X B O M the undersigned authority, on this day personally appeared 0 of BEAUMONT WESTMONT,LLC,known to me to be the person and officer wh e name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this A day of 92011. *qot2aryaPuAb2ic3, State of Texas RETURN TO: City of Beaumont �„ •.w„ Antoinette Hardy-Engineering Y.SAMES P. O. Box 3827 s = MY COMMISSION EXPIRES Beaumont,TX 77704 December 30,2012 Fittz&Shipman INC. Consulting Engineers and Land Surveyors . a Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987) EXHIBIT A,PAGE 1 OF 3 Terry G.Shipman,Chairman of Board Billy J.Smith,Jr.,President FIELD NOTE DESCRIPTION Donald R.King,P.E. OF A Michelle Falgout,P.E. Walter J.Ksiazek,R.P.L.S. 0.0006 ACRE TRACT FOR A 5' WIDE EXCLUSIVE WATER METER EASEMENT OUT OF LOT 6,BLOCK"C" OF THE T. H.LANGHAM SUBDIVISION JEFFERSON COUNTY,TEXAS APRIL 20,2011 That certain 0.0006 acre tract for a 5" wide exclusive water meter easement out of Lot 6, Block "C" of the T. H. Langham Subdivision, Jefferson County, Texas and being out of a called 8.902 acre tract (Tract I) conveyed l PublicRecoords of Jefferson County, Tex Clerks 2009024827 of the Offlciacla a , said 0.0006 acres being more particularly described by metes and bounds as follows: NOTE: The Basis of Bearings is the east line of a called 1.334 acre tract conveyed to Asa Holdings, LP as recorded in Clerks File N. 2004036163 of the Official Public Records of Jefferson County, Texas and a portion of the west line of the said 8.902 acre tract having been called North 00°10'30" East 188.50 feet. COMMENCING at a concrete monument found in the northerly right-of-way line of Phelan Boulevard and the west line of the said 8.902 acre tract for the southeast corner of the said 1.334 acre tract; THENCE North 00 010'30" East along the east line of the said 1.334 acre tract and the said west line of the $.902 acre tract a distance 334 acre tract and an interio�lcornerr of the said 8.902 f he acre tract northeast corner of the said bears North 00 010'30" East 46.96 feet (called North 00 010'30" East); THENCE North 89°56'53" East a distance of 9.61 feet to a point for the northwest corner of a building; THENCE North 89 056'53" East along the north line of said building a distance of 30.90 feet to a point for the southwest corner of the said 0.0006 acre tract and the POINT OF BEGINNING; THENCE North 00 003'07" West along the west line of the said 0.0006 acre tract a distance of 5.00 feet to a point for the northwest corner of the said 0.0006 acre tract; FITTZ&SHIPMAN,INC- Page 1 of 2 Project No. 11003.0029A Plat&Description 1405 Cornerstone Court• Beaumont,Texas 77706 • (409)832-7238 • fax (409) 832-7303 Tx Board of Prof Engineers Firm No. 1160•Tx Board of Prof Land Surveyors Firm No. 100186 EXHIBIT A, PAGE 2 OF 3 THENCE North 89°56'53" East along the north line of the said 0.0006 acre tract a distance of 5.00 feet to a point for the northeast corner of the said 0.0006 acre tract; THENCE South 00 003'07" East along the east line of the said 0.0006 acre tract a distance of 5.00 feet to a point for the northeast corner of said building and the southeast corner of the said 0.0006 acre tract; THENCE South 89°56'53"West along the said north line of the building and the south line of the said 0.0006 acre tract a distance of 5.00 feet to the POINT OF BEGINNING and containing 0.0006 acres of land, more or less. This Field Note Description is based on a survey performed by Fittz & Shipman, Inc. on March 31, 2011. Walter J. Ksiazek *A EG*F'6 Registered Profes onal Land Surveyor No.5321 * t WALTER J. KSEAZEr, ..� � �.. N ,t"t FITTZ&SHIPMAN,INC. Page 2 of 2 Project No. 11003.0029A Plat&Description EXHIBIT "A", PAGE 3 OF 3 FOUND 7 PK NAIL NOW OR FORMERLY BEAUMONT WESTMONT, LLC CLERKS FILE NO. 2009024827, O.P.R.J.C. (REMAINDER OF CALLED 8.902 ACRES-TRACT 1) co to 0.0006 ACRE 5' WIDE EXCLUSIVE WATER METER WATER EASEMENT VALVE L4 L2 1), 110 Lj as.o L6 POINT OF BEGINNING NOW OR FORMERLY 0.0006 ACRE ASA HOLDINGS, LP 5' WIDE CLERKS FILE NO. 2004036163, O.P.R.J.C. EXCLUSIVE (CALLED 1.334 ACRES) WATER METER EASEMENT n � SUBWAY YOGURT SHOP o m� Qi zm w 000 0 0 w M W m on o 0 L' o t7 W Z o N r Q O o 45 10 m w o v J J QZ v L0 9 _ NUMBER DIRECTION DISTANCE L1 N 89'56'53" E 9.61 L2 N 89'56'53" E 30.90 0 10 20 L3 N 00'03'07" W 5.00 LAN-m S C A L E L4 IN 89'56'53" E 5.00 L5 IS 00'03'07" E 5.00 L6 AS 89'56'53" W 5.00 COMMENCING POINT 0.0006 ACRE 5' WIDE EXCLUSIVE WATER METER Y►Y- EASEMENT FOUND $� CONCRETE MONUMENT 4 SURVEYOR'S CERTIFICATION: of ro �* 1 DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, * • ,`" THAT THE GROUND UNDER ACCURATE MY SURVEY 8c CH 31,DESCRIPTION 011. MADE N WALTER J. K8IAZEK Sul s+. • o S s yoo WALTER J. KSIAZEK •••V� S 1��1 `� REGISTERED PROFESSIONAL AND SURVEW NO. 5321 Q:\PROJECTS\11003\11003-029\11003ViEO29.dwg Apr 20. 2011 01:10pm �Shipman 5' WIDE EXCLUSIVE WATER METER EASEMENT SHEET NO. FIttZ Co—dfingEngine=and LandSwvayo�s INC. PROJECT NAM: 6456 PHELAN BOULEVA DC 1405 CORNERSTONE COURT, BEAUMONT, TEXAS BEAUMONT, TEXAS PROJECT NO. (409) 832-7238 FAX (409) 832-7303 DAZ'F.':4—20—11 11003.002 9